Wednesday, May 18, 2011

3d DCA Watch -- Key West is Different Edition!

For no particular reason whatsoever, we proudly present today's "intemperate, impatient, undignified and discourteous" 3d DCA Watch:

State Farm v. Caboverde:

The 3d reverses Judge Areces' grant of a new trial in a case where State Farm got a defense verdict.

The reasoning should be useful as precedent for trial courts and litigants in guiding how to handle these motions in the future:
Having considered the entire record, together with the trial court’s findings in its order granting a new trial, a clear showing has been made that the trial court abused its discretion in granting a new trial. We therefore vacate the order granting a new trial, and remand this cause with instructions to reinstate the jury’s verdict.
BTW, I totally agree with Justice Thomas that lawyers who don't read opinions suffer from "a disease of illiteracy or laziness."

I mean, how can you pass this stuff up?

Western & Southern Life v. Beebe:

Be careful how you draft your fee agreement.

Trinidad v. Florida Peninsula:

Be careful how insurance companies draft their insurance policies.

Hardin v. Monroe County:

Of course a case from the Keys has been pending for two decades(!), they tend to lose track of time down at land's end.

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